Wine Industry Amendment Regulation (No. 1) 2001 (Qld)

Queensland Subordinate Legislation 2001 No. 95 Wine Industry Act 1994 WINE INDUSTRY AMENDMENT REGULATION (No. 1) 2001 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Amendment of s 3 (Particulars to be included in application for licence—Act, s 7(1)(b)) ................................. 2 4 Omission of s 4 (Percentage of licensee’s wine to be included in blended wine—Act, s 16(3)) ............................ 3 5 Amendment of s 5 (Labelling of sealed containers—Act, s 17) . . . . . . . . . . 3 6 Amendment of s 6 (Advertisement of application for licence—Act, s 25). . 3 7 Amendment of s 12 (Conference of concerned persons and decision by chief executive) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 8 Replacement of ss 15 and 16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 15 Records to be kept by licensee holding wine producer licence— Act, s 50 .......................................... 4 16 Records to be kept by licensee holding wine merchant licence— Act, s 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 9 Amendment of s 17 (Records to be kept by licensee who blends wine—Act, ss 16 and 50) ................................. 6 10 Replacement of s 18 (Record to be kept of sale to holder of licence under Liquor Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 18 Records of sales by licensees—Act, s 50 . . . . . . . . . . . . . . . . . . . . . 6 11 Replacement of schedule (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 SCHEDULE FEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

s1 2 s3 Wine Industry Amendment Regulation (No. 1) 2001 No. 95, 2001 1 Short title This regulation may be cited as the Wine Industry Amendment Regulation (No. 1) 2001. 2 Regulation amended This regulation amends the Wine Industry Regulation 1995. 3 Amendment of s 3 (Particulars to be included in application for licence—Act, s 7(1)(b)) (1) Sections 3(c) and (d)— omit, insert— ‘(c) a plan of the premises drawn to scale showing the layout of the premises; (d) a food licence issued by the relevant local government for the premises; (e) evidence that conducting the proposed business on the premises is permitted under the planning scheme of the relevant local government for the premises; (f) if the application is for a wine producer licence and the applicant grows, on the premises, fruit for making wine— (i) the types of fruit grown on the premises for making wine; and (ii) the size of the area in which each type of fruit is grown; (g) if the application is for a wine producer licence and the applicant makes wine on the premises—a description of the winemaking facilities on the premises; (h) if the application is for a wine merchant licence—a description of the facilities on the premises that will enable the applicant to contribute to the Queensland wine industry in a substantial way.’. (2) Section 3— insert— ‘ (2) In this section—

s4 3 s6 Wine Industry Amendment Regulation (No. 1) 2001 No. 95, 2001 “food licence” means a licence issued by the relevant local government for the premises under the Food Hygiene Regulation 1989, section 56(2). 1 “planning scheme” has the meaning given by the Integrated Planning Act1997 , section 2.1.1. “relevant local government” , for premises, means the local government for the area in which the premises are located.’. 4 Omission of s 4 (Percentage of licensee’s wine to be included in blended wine—Act, s 16(3)) Section 4— omit. 5 Amendment of s 5 (Labelling of sealed containers—Act, s 17) Section 5(c)— omit . 6 Amendment of s 6 (Advertisement of application for licence—Act, s 25) (1) Section 6, heading— omit, insert— ‘6 Advertisement of applications—Act, s 25’. (2) Section 6(1), ‘for a licence’— omit, insert — ‘made under the Act, other than an application under section 13, 21 or 24 of the Act, 2 ’. 1 Food Hygiene Regulation 1989 , section 56 (Licensing provisions) 2 Section 25(3) of the Act provides that section 25 does not apply to an application under the following sections of the Act— • section 13 (Application for nominee for new licence or existing licence); • section 21 (Application for transfer of licence); • section 24 (Application for interim licence).

s7 4 s8 Wine Industry Amendment Regulation (No. 1) 2001 No. 95, 2001 7 Amendment of s 12 (Conference of concerned persons and decision by chief executive) Section 12(5), ‘proceeding agree’— omit, insert — ‘conference agree’. 8 Replacement of ss 15 and 16 Sections 15 and 16— omit, insert — ‘15 Records to be kept by licensee holding wine producer licence— Act, s 50 ‘A licensee who holds a wine producer licence must keep records about the following— (a) if the licensee grows, on the licensed premises, fruit to be used for making wine— (i) the types of fruit grown; and (ii) the size of the area in which each type of fruit is grown; and (iii) the day each area is planted with the plants, trees or vines on which the fruit is grown; and (iv) the day the fruit is harvested; (b) if the licensee uses fruit, other than fruit grown by the licensee on the licensed premises, to make wine— (i) the name and address of each person who grew the fruit used by the licensee to make the wine; and (ii) the amount of fruit delivered by each person; and (iii) the day the fruit is delivered by each person; (c) if the licensee makes wine on the licensed premises— (i) the type of fruit used to make each wine; and (ii) the quantity of fruit used to make each wine; and (iii) the day the wine is bottled; (d) if the licensee has wine made but the wine is not made on the licensed premises—

s8 5 s8 Wine Industry Amendment Regulation (No. 1) 2001 No. 95, 2001 (i) the name and address of the person who made the wine for the licensee; and (ii) the amount of each type of fruit sent to the person; and (iii) the day the fruit is delivered to the person; and (iv) the total volume of wine made from the fruit by the person for the licensee. ‘16 Records to be kept by licensee holding wine merchant licence— Act, s 50 ‘A licensee who holds a wine merchant licence must keep records about the following— (a) if the licensee grows, on the licensed premises, plants, trees or vines, the fruit of which will later be used to make wine— (i) the types of plants, trees or vines grown; and (ii) the size of the area in which each type of plant, tree or vine is grown; and (iii) the day each area is planted with the type of plant, tree or vine; and (iv) the year when it is expected that wine made from the fruit of the type of plant, tree or vine will first become available; (b) if the licensee uses fruit, other than fruit grown by the licensee on the licensed premises, to make wine— (i) the name and address of each person who grew the fruit used by the licensee to make the wine; and (ii) the amount of fruit delivered by each person; and (iii) the day the fruit is delivered by each person; (c) if the licensee has wine made but the wine is not made on the licensed premises— (i) the name and address of the person who made the wine for the licensee; and (ii) the amount of each type of fruit sent to the person; and (iii) the day the fruit is delivered to the person; and

s 9 6 s 10 Wine Industry Amendment Regulation (No. 1) 2001 No. 95, 2001 (iv) the total volume of wine made from the fruit by the person for the licensee.’. 9 Amendment of s 17 (Records to be kept by licensee who blends wine—Act, ss 16 and 50) Section 17, heading, ‘ ss 16 and 50 ’— omit, insert— ‘ s 50 ’. 10 Replacement of s 18 (Record to be kept of sale to holder of licence under Liquor Act) Section 18— omit, insert — ‘18 Records of sales by licensees—Act, s 50 ‘ (1) The purpose of this section is to prescribe records about wine sales that each licensee must keep. ‘ (2) If the licensee sells wine to the holder of a licence or permit under the Liquor Act, the licensee must keep records about the following— (a) the name and address of the person to whom the sale is made; (b) the number of the buyer’s licence; (c) the date of the sale; (d) the type of wine and the type of container in which the wine is sold; (e) the total quantity of each type of wine; (f) the sale price for each type of wine included in the sale. ‘ (3) For the sale of wine other than a sale of wine for which a record must be kept under subsection (2), the licensee must keep a record about the following for each category of prescribed buyer— (a) the total quantity of each type of wine; (b) the total quantity of each type of wine sold in each type of container; (c) the total value for each type of wine.

s 10 7 s 10 Wine Industry Amendment Regulation (No. 1) 2001 No. 95, 2001 ‘ (4) In this section— “brandy” means a wine of the type described in schedule 2, definition “wine”, paragraph (d) of the Act. “category of prescribed buyer” means— (a) for each State, other than Queensland, persons who buy wine for resale under an interstate licence; or (b) persons in Australia who buy wine for export, as part of a commercial transaction, from Australia; (c) persons in other countries to whom the licensee sells and exports wine; (d) other persons who buy wine, other than holders of a licence or permit under the LiquorAct or persons described in paragraphs (a), (b) or (c). “cider” means a wine of the type described in schedule 2, definition “wine”, paragraph (b) of the Act. “fortified wine” means a wine of the type described in schedule 2, definition “wine”, paragraph (e) of the Act. “interstate licence” means a licence or permit under a law of another State that corresponds to the Liquor Act. “mead” means a wine of the type described in schedule 2, definition “wine”, paragraph (c) of the Act. “table wine” means a wine of the type described in schedule 2, definition “wine”, paragraph (a) of the Act. “type of container” means each of the following— (a) bottles; (b) casks; (c) containers other than bottles or casks. “type of wine” means each of the following— (a) table wine; (b) cider; (c) mead;

s 11 8 s 11 Wine Industry Amendment Regulation (No. 1) 2001 No. 95, 2001 (d) brandy; (e) fortified wine.’. 11 Replacement of schedule (Fees) Schedule— omit, insert — ‘SCHEDULE FEES section 20 $ 1. Application for wine producer licence . . . . . . . . . . . . . . . 350.00 2. Application for wine merchant licence . . . . . . . . . . . . . . . 1 500.00 3. Annual fee for wine producer licence or wine merchant licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 350.00 4. Application for transfer of licence. . . . . . . . . . . . . . . . . . . 180.00 5. Application for nominee for existing licence or additional or replacement nominee. . . . . . . . . . . . . . . . . . . . . . . . . . . 180.00 6. Application for a condition under section 15(3A) of the Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180.00 7. Application for a condition under section 16(2) of the Act106.50 8. Application for extended trading hours . . . . . . . . . . . . . . . 25.00 9. Application for interim licence . . . . . . . . . . . . . . . . . . . . . 70.00 10. Inspection of register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.00’.

9 Wine Industry Amendment Regulation (No. 1) 2001 No. 95, 2001 ENDNOTES 1. Made by the Governor in Council on 28 June 2001. 2. Notified in the gazette on 29 June 2001. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Tourism, Racing and Fair Trading. © State of Queensland 2001